Human Rights Flashcards
Define Human Rights
Basic rights and freedoms believed to belong justifiably to all human beings. They are indivisble, inalienable, inherent and universal.
Define slavery
A type of forced labour in which one person is considered to be the legal property of another
Who was the last country to abolish slavery and when?
Mauritania in 1981
What was the Industrial Revolution?
A period of rapid development of industry in the 18th and 19th century, characterised by changes in agriculture, manufacturing and transport.
Define Trade Unions
An organisation of workers created to preserve and further interests and rights of their group
What Act legalised the establishement of trade unions?
Trade Union Act 1871 UK
When was the International Labour Association established?
1919, after World War I
Define Labour Rights
Rights at work, including paid leave, rights to safe wroking conditions, minimum wages or to join a trade union
When was the first Industrial Action recorded?
1791- Sydney convicts demand daily instead of weekly rations
What was the first successful labour union campaign?
1856 by stonemasons in Victoria. They stopped working to demand the support of an 8 hour work day rather than 14 hours, which then spread to other workforces
Define Universal Suffrage
The right of all citizens to vote in an election regardless of creed, race, status or gender
Define Suffrage
The legal right to vote in a democratic election
How is Universal Suffrage helpful?
Aids in building a healthy democracy because it allows for all people to be acknowledged and their needs represented as a country rather based on the wishes of a selective population.
What Act in the UK allowed all men to vote?
The Representation of People Act 1918
When did New Zealand allow women to vote?
1893
When did Universal suffrage occur in Australia and what act permitted it?
1963 when Aboriginal Australians were granted the right to vote via the Commonwealth Electrol Act 1962 (Cth)
What did the Commonwealth Franchise Act 1902 acheive?
Gave all Australian women the right to vote but excluded any ‘aboriginal native of Australia’
What led Australians to change their attitudes on Indigenous voting?
The US Civil War
In what year were Indigenous Australian’s given equal voting rights and voting was made compulsory
1983 via an ammendment in the Commonwealth Electrol Act
Define Universal Education
Free and compulsory education for all children and the idea that all human beings have a right to this
Define Self-Determinaton
(Collective Right)
The collective right of people to determine how to be governed or their political status based on their nation territory or national grouping
Define Peace Rights
The right of citizens to expect their government to do all in its power to maintain oeace and work towards the elimination of war
What is the term when a state commences an illegal war?
A war of aggression
Who introduced the 4 Freedoms, when and why?
US President Franklin Roosevelt, 1941 due to pressure from previous world wars to form an international bill of rights.
When is the UN formed?
1945
What type of law is the UDHR?
Soft law
What does ICCPR stand for?
International Covenant on Civil and Political Rights
What does the ICCSCR stand for?
International Covenant on Social and Cultural Rights
First Generation Rights
What are negative rights?
Freedom FROM
Rights that restrict the government and other outside forces from interfering in your affairs. It is Liberty
Second Generation Rights
What are positive rights?
Freedom TO
Rights that require others to provide you with either a good or service. They do so by taking away another individual’s rights.
What is a criticism of the distinction between postive and negative rights?
Because negative rights can also require a postive action
When can the UN HRC hear complaints for the breach of the ICCPR?
If the relevent country has ratified the Optional Protocol to the ICCPR
Define State Sovreignty
The authority of an independent state to govern itself
Define State
The government and the people it governs; a country
Define Sovereign State
A geographical area that is controlled by central government which exercises supreme independent authority over that internally and externally
Define Nation
People that share a common heritage, language or culture and sometimes common race
According to Article 1 of the Montevideo Convention on the Rights and Duties of States; what must a State have?
- A permanent population
- A defined territory
- A functioning government
- Capacity to enter into international relations
When can Statehood become disputed?
If an individual is living within the territory of an unrecognised state or if they live in a state with which relations have broken down
What are advantages of State Sovreignty?
- Allows countires the freedom to enter into international treaties relating to human rights
- Freedom to create own domestic laws that protect human rights
What is a disadvantage of State Sovreignty?
Some nations may use it as a way to justify mistreatment of their citizens
Who are the 5 permanent members of the UNSC?
10 non permanent members
China, USA, France, UK and Russia
What are the organs of the UN?
- General Assembly (UNGA)
- Office of the High Commissioner of Human Rights (OHCHR)
- United Nations Security Council (UNSC)
- UN Human Rights Council (UNHRC)
- Economic and Social Council (ECOSOC)
- Secretariat
- International Court of Justice (ICJ)
What is the role of UNSC?
The maintenance of international peace and security
What is an example of an IGO?
Meet every 2 years
CHOGM- Commonwealth Heads of Government Meeting
What are charcertistics of the ICC?
- Permanent and independent
- Binding
- Established in 2002 by Rome Statute and cannot hear crimes before July 2002
- Not neccessarily a court just for human rights breaches
- Prosecutes individuals- allows for reduction with state sovreignty problems
- 139 signatories and 124 ratifications
What matters can the ICC?
War crimes, genocide, crimes against humanity and acts of aggression
What are criticisms of the ICC?
- Can take years to prosecute
- Has achieved relatively low prosecutions
- Substantial cost of operating
- Not all states recognise jurisdiction (e.g. USA)
- Even when countries recognise it, they do not always follow it
